Defense of Construction Accidents

A large part of our practice involves the New York Labor Laws (sections 200, 240, 241, 241(6)) relating to the defense of accidents on construction sites, resulting in serious personal injuries and potential violation of the New York State Industrial Code.

Our team has represented:

• Construction companies
• Building/property owners
• General contractors
• Site managers, equipment lessors in cases involving injuries to both construction workers and bystanders. 

We have a successful record as a result of scrutinizing the plaintiff’s conduct and reviewing alleged violations of liability. 

A few examples of our team’s experience include:

• Construction accidents involving injuries resulting from ladders, cranes, forklifts; scaffolding accidents; operating dangerous equipment; and workers hit by falling objects.

Our team is constantly looking for potential risk transfer opportunities for our clients.

The team at our firm has vast experience defending:

• Builders
• Construction managers
• Contractors
• Property owners
• Design professionals
• Architects
• Materials suppliers against claims of property damage, as a result of alleged construction defects. 

Our team has defended clients in matters involving: 

• Breach of contract
• Negligent supervision of contractors
• Design flaws and structural defects allegedly causing physical damage to property, lost revenues, and reduced property values. 

We are skilled in the evaluation of:

• Loss of revenue to the property owner
• Inconvenience, and renovation costs as a result of claims of defective workmanship
• Assessing issues related to liability, apportionment, damages, and insurance coverage.  

A few examples of the type of defects we have defended include:

• Design flaws and structural defects
• Defective building materials causing property damage
• Cracked ceilings and walls, roof and stairway collapses, water infiltration and waterproofing issues.

Our firm also counsels in the review and negotiation of construction and supplier contracts and agreements, on behalf of construction firms, property owners, builders, contractors, developers, architects, and other related industry professionals to facilitate the smooth completion of the project and avoid misunderstandings and serious disputes.

However, when necessary, our team also:

• Mediates, arbitrates, and litigates breach of contract, payment terms and financial responsibility for payment and completion of the project.

Our firm has significant experience and a strong record of success in the defense of both personal injury general liability and premises liability claims, for both self-insured clients and on behalf of leading insurance carriers. 

We have defended:

• Privately held companies
• Public corporations’ retailer
• Property owners and manager
• and numerous other entities in the defense of general liability claims as well as premises liability claims, which are typically more involved.

Specifically, regarding premises liability, our team addresses the fundamental question of what constitutes duty under New York law and defends the duty of contractors to third parties not in privity of contract, as well as contractual indemnity issues and additional insured obligations.

In regard to owner’s liability for criminal acts committed on the owner’s premises, our team has the resources and experience to build strong defenses for our clients reinforcing that the owner did not breach the duty to care (either by act or omission) for those on their property.

We evaluates each claim and develops a course of action based on the potential risk and exposure.  With our experience representing clients in general liability and premises claims, combined with the in-depth knowledge of the courts and case precedents, clients trust our team to frame each defense to achieve the desired outcome.

Our firm has defended a broad spectrum of industrial products in high stakes and complex product liability litigation.  To build the strongest defense, we utilize experts in the fields of product design, accident reconstruction and human safety.  Our teams significant experience, resources, and commitment in the defense of alleged product defect claims has resulted in summary judgments and defense verdicts.

A few examples of our product liability experience include the defense of:

• Industrial kitchen equipment and machinery
• Bakery and ovens
• Food processing equipment
• Electrical equipment
• Power tools
• Elevators and other transportation vehicles and equipment such as trucks, automobiles, forklifts, cranes, boom lifts, scissor lifts and hydraulic lifts.

We are Extremely well versed in defending leading manufacturers and retailers, as well as insureds of insurance carriers in a wide swath of industries, against high stakes and potentially high visibility claims alleging catastrophic personal injuries. 

We conduct:

• investigations on site
• Coordinates with OSHA regulators and investigators
• Calls upon emergency medicine and trauma physicians, medical experts and studies the medical records to further evaluate the situation, claim and builds the defense. 

Our team utilize experts in our data base related to product design, biomechanics, safety, and accident reconstruction as well as consults with injury causation experts to prepare the strongest trial-ready defense, minimize the plaintiff’s claims for damages based on alleged loss of earnings, as well as future medical and life care costs.

We know how critical it is to uphold the reputations of our clients and mitigate potential interference from the media.   Our experience includes:

• Defense of wrongful death matters as well as the following catastrophic injuries: loss of limbs; brain, spinal cord or back injuries; burn injuries and paralysis.

Our teams extensive experience working as insurance defense counsel we understand the industry’s requirements, particularly the need to provide detailed and insightful litigation plans, frequent communications and status reports, and accurate budgets that allow for appropriate setting of reserves. The Law Firm of Janice Iati is a strategic partner and planner from start to finish, to achieve the best possible outcome for their clients. The Law Firm of Janice Iati is a strategic partner and planner from start to finish, to achieve the best possible outcome for their clients.